DOL and USCIS Playing Nice

The DOL has recently announced that the USCIS has agreed to start sharing data with the DOL regarding potential LCA violations that are detected as part of a non-immigrant or immigrant petition filing. For example, if an H-1b worker is transferring her H-1b petition from Co. A to Co. B and the last pay-stubs presented are not current, there may be a failure to pay the required wage violation which the USCIS would refer to the DOL for potential investigation. For employers following the rules and paying all wages required and at the correct level, this is good news as increased enforcement may level the playing field from those cos. that are not in compliance.

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